ROSHAN LAL Vs. DDC

JUDGEMENT

(1.) BY the order dated 27.3.2014, Writ -B No. -17413 of 2014 was directed to be put up along with Writ B No. 59004 of 2009, in which parties as well as Counsels are same as such both the writ petitions are heard and are being decided finally. Heard Sri Sanjeev Kumar Pandey for the petitioner and Standing Counsel for the respondents.

(2.) WRIT -B No. -17413 of 2014 has been filed for quashing the order of Consolidation Officer dated 3.2.2014, refusing to pass any order in the application of the petitioner, under Rule 109 -A of U.P. Consolidation of Holdings Rules, 1954 for giving effect to the order of Consolidation Officer dated 7.8.2008 on the ground that the recall application has been filed for recalling the order dated 7.8.2008.

(3.) THE petitioner and his brother allegedly filed an objection (registered as Case No. 76/85) under section 9 -A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act) for recording their names over plots 622/2 (area 1.00 acre), 641/6 (area 1.20 acre), 700/2 (area 1.00 acre) and 865/4 (area 1.00 acre) of village Jarauli, tahsil Jasrana, district Firozabad, on the basis of patta dated 15.10.1968, allegedly executed in their favour. It has been stated that Land Management Committee has granted patta in their favour and on the basis of the patta they were in possession over the land in dispute. Since they were in possession over the land in dispute on 30th June, 1975, as such, they have become bhumidhar of the land in dispute under the Govt. Orders. In support of their case, they filed an affidavit of Phool Devi, Pradhan of the village. The Consolidation Officer, by order dated 7.8.2008 held that as Gaon Sabha had not contested the case and Pradhan had admitted possession of the petitioner and his brother over the land in dispute as such he allowed the/objection and directed for recording the names of the petitioner and his brother over the land in dispute and deleting the name of Gaon Sabha from it.